(1)  When transporting horses of a class listed in column 1 of the table set out in this subregulation –

(a) the journey time for that class of horses must not exceed the period of time specified in respect of that class of horses in column 2 of the table; and

(b) the minimum spell duration for that class of horses is the period of time specified in respect of that class of horses in column 3 of the table.

	Column 1 Class of horses	Column 2 Journey time (hours)	Column 3 Minimum spell duration (hours)
1.	Under 6 months old	8	12
2.	6 months old or older	12	8
3.	Orphan foals 1-4 weeks old	4	4
4.	Lactating mare	8	12
5.	Mares that are more than 30 weeks pregnant, excluding the last 4 weeks of pregnancy	8	12
6.	Mares in the last 4 weeks of pregnancy	4	12

(1)  An orphan foal less than one week old must not travel without veterinary advice approving the travel and specifying any conditions on the travel that must be met.

(2)  The journey time for a horse, other than a horse that is known, or visually assessed, to be more than 43 weeks pregnant, may be increased to 36 hours if –

(a) the horse is given reasonable access to water and feed at least once every 5 hours for the period of time that the horse is in the vehicle in which it is being transported; and

(b) the horse is being transported in a vehicle that –

(i) protects the horse from the natural elements; and

(ii) has sufficient space for it to stand at rest with its head raised; and

(iii) has sufficient drainage to remove urine; and

(c) on the completion of the journey, the horse is given a spell of at least 24 hours before being transported on another journey.

(3)  The driver of a vehicle transporting a lactating horse with a dependent foal less than 6 months of age must, if the estimated journey time is likely to exceed 5 hours, provide sufficient space in the vehicle –

(a) for the foal to suckle from its mother; and

(b) for the foal to lie down.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(4)  The driver of a vehicle transporting a horse must ensure that –

(a) in the case of a vehicle with separate stalls or other partitions, each stall or partition –

(i) is constructed so as to be able to withstand normal horse activity and keep the animal safe while in transport; and

(ii) is accessible so as to allow feeding, watering and visual inspection of the horse inside the stall or partition; and

(b) in the case of a vehicle that is fully enclosed with a controlled environment, there is sufficient airflow with at least 12 air changes every 60 minutes; and

(c) there is a vertical clearance of at least 2.2 metres between –

(i) the floor of the area of vehicle where the animal is transported; and

(ii) any overhead structures or protrusions; and

(d) in the case of a stallion unused to being handled, the horse is segregated from the other horses in the vehicle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(5)  Subregulation (5)(c) does not apply to a horse float if –

(a) the horse float was commercially built; and

(b) the overhead structure, or protrusion, was built as part of the horse float at the time at which it was originally constructed.

(6)  A person transporting a horse across Bass Strait must ensure –

(a) in the case of a lactating horse travelling with a dependent foal, that the horse and foal are stalled together; and

(b) in any other case, that the horse is individually stalled.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(7)  A person transporting a horse across Bass Strait must ensure that –

(a) the horse is offered food and water –

(i) for the duration of the journey; or

(ii) at the latest reasonable opportunity before embarking and the earliest reasonable opportunity after disembarking; and

(b) a spell of at least 12 hours is provided for the horse within 4 hours after disembarking.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(8)  A person must not transport a foal with an unhealed umbilical cord unless a veterinarian has provided advice –

(a) recommending that the foal be transported; and

(b) specifying any special provisions that are to be made to ensure the foal’s welfare during transport.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(9)  A person who transports horses unsegregated from other horses must ensure that the hind horseshoes have been removed before transporting.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.